Federalism in the US Government

A FEAR OF STRONG GOVERNMENT

Because of their experiences under British rule, Americans were wary of giving a national government too much power . After independence, the states agreed to work together under the terms of the Articles of Confederation, but this agreement proved inadequate. Problems included:

• Congress did not have the power to tax .

• There was no way to settle disputes among states over commerce .

• There was no executive branch to enforce the laws passed by Congress.

In 1787, delegates from the states met to resolve these problems. They recognized that a stronger national government was needed. Yet, they didn’t want to completely give up the power of the states. Federalism emerged as a way to balance these concerns.

One of the most important ideas in the US Constitution is the concept of limiting federal power. In federalism, the national (or federal) government has some powers, the states have other powers, and some powers are shared by both.

FEDERALISM IN THE CONSTITUTION

The authors of the Constitution outlined how federalism would work in Article IV.

The Guarantee Clause requires the United States to guarantee states a republican form of government and provide protection from foreign invasion and domestic uprisings. It also limits the type of government a state can have. A state cannot decide to be a monarchy or a dictatorship, even if a majority of citizens in the state vote for this form of government. This clause explains how the federal and state governments will work together in ensuring freedom for citizens.

ARTICLE VI

The Supremacy Clause says that the Constitution and federal laws take priority over state laws. This means that states cannot pass laws that conflict with the Constitution or that go against federal laws.

Prior to the Civil War, states claimed the right to nullify —or ignore—federal laws with which they disagreed, but the Supreme Court repeatedly has rejected the theory of nullification and upheld the idea that federal law trumps state law.

FEDERALISM AND THE BILL OF RIGHTS

The Ninth Amendment clarifies that just because some limitations on federal power are spelled out doesn’t mean the federal government has unlimited power in areas that are not spelled out.

The Tenth Amendment says that the federal government is limited to the powers that are specifically granted in the Constitution . All the powers not given to the federal government in the Constitution are reserved for the states and the people.

Government Roles and Responsibilities

POWERS OF THE FEDERAL GOVERNMENT

The Constitution gives three types of power to the national government:

• Enumerated powers

  • specifically granted to the federal government and stated in Article

    I, Section 8

  • Examples: to coin money, to make treaties with other nations, to

    declare war, to maintain an army, to regulate commerce

• Implied powers

  • not stated in the Constitution, but they can be inferred from the

    clause that gives the federal government the power to make laws that are “necessary and proper” actions. This is called the elastic clause because it can be stretched to include anything the government needs to do.

  • Examples: The government can set a minimum wage based on its

    power to regulate commerce. It established the air force based on

    its power to raise armies.

• Inherent powers

  • not stated in the Constitution, but they are part of the powers of

    any sovereign state.

  • Examples: the power to control immigration, acquire new territory,

    create cabinet positions and departments

Enumerated Powers

• Coining money

• Declaring war

• Raising an army and overseeing armed forces

• Establishing rules of citizenship

• Regulating interstate and foreign commerce

• Issuing payments and copyrights

• Governing territories (including Washington DC) and admiting new states

• Conducting foreign affairs and making treaties with foreign governments and Native American nations.

Reserved State Powers

• Conducting elections

• Ratifying constitutional amendments

• Establishing local governments

• Establishing marriage and divorce laws

• Overseeing education

• Establishing laws regarding contracts, corporations, and wills

• Regulating commerce within the state

• Raising and supporting state militias

Concurrent Powers

• Levying taxes

• Borrowing money

• Making and enforcing laws

• Building roads

• Establishing courts

• Making bankruptcy laws

• Chartering banks

• Punishing lawbreakers

https://the-federalism-project.org/resources/

Federalism in the United States

The federal government influences states through grants , unfunded mandates, and preemption.

FEDERAL GRANTS

Funds flow from the federal to state and local governments in several ways:

• Categorical grants - provided for specific projects, such as airport construction or environmental cleanup.

  • The federal government oversees these programs, and the state governments receiving funds must meet the federal government’s requirements.

• Block grants - given for a broad purpose, such as law enforcement, education, public health, or social services.

  • State governments have control over administering block grant funds.

UNFUNDED MANDATES

The federal government also sometimes passes laws requiring states to do things.

• Requirements that the states must follow without receiving any funding from the federal government are called unfunded mandates .

• Examples: the Voting Rights Act of 1965, the 1990 Americans with Disabilities Act (ADA)

States resent unfunded mandates because they can put a strain on their budgets .

FEDERAL PREEMPTION

Because laws passed by the national government take priority over state and local laws, the national government can preempt , or override, state laws if it can demonstrate it is in the national interest.

• Example: the Voting Rights Act of 1965 preempted state laws that restricted the rights of voters.

Preemption is the direct result of the Supremacy Clause’s determination that federal law trumps state laws.

TENSION IN THE FEDERAL SYSTEM

There is often tension between the federal and state governments. Occasionally, the tension leads to a standoff between states and the national government.

Conflict between the national and state governments was evident during the Civil Rights movement. In 1957, the Arkansas governor said that he would call in the National Guard to prevent court-ordered integration of Central High School in Little Rock. President Eisenhower responded by sending federal troops to maintain order and facilitate African American students who had enrolled in the school. Presidents Kennedy and Johnson also sent troops to enforce other desegregation orders in Mississippi and Alabama.

BALANCE OF POWER

When the country was founded, states had considerable power. The national government’s power increased following the Civil War in many ways.

• 16th Amendment – gave the federal government the right to levy an income tax on citizens

• 17th Amendment - provided for the direct election of US senators by citizens. Up to this point, state legislatures selected US senators. Transferring this power from the states to citizens represented a shift away from state power

The Supreme Court and Federalism

THE SUPREME COURT

• serves as the arbiter of disagreements between states

• has jurisdiction over suits brought by states against the federal government

• determines whether state laws conflict with federal laws.

LANDMARK COURT CASES RELATED TO FEDERALISM

McCulloch v. Maryland (1819)

The Supreme Court said that Maryland could not tax instruments of the national government. The ruling noted that Congress had powers not explicitly stated in the Constitution. The Court upheld the national government’s supremacy over state governments and redefined “necessary” to mean “appropriate and legitimate.”

Hammer v. Dagenhart (1918)

In a case about legislation that prohibited interstate travel of goods produced by child labor, the Supreme Court ruled that production was not commerce, so it was outside of Congress’s authority. The Court said that the regulation of production was reserved for states by the Tenth Amendment.

South Dakota v. Dole (1987)

The Supreme Court upheld the constitutionality of a federal law that would withhold 5 percent of a state’s highway funds if it did not comply with the federal requirement to raise the drinking age to 21. The Court decided that the law was passed in the interest of the “ general good ” and by “ reasonable means ,” so it was a justifiable action for the federal government to take.

United States v. Lopez (1995)

In 1990, Congress passed the Gun-Free School Zones Act. Congress had claimed authority to pass the law under the commerce clause because it affected the “business” of education . The Supreme Court ruled that the legislation was unconstitutional because it exceeded the power of Congress.

Gonzales v. Raich (2005)

California legalized marijuana for medical use, but the law conflicts with the federal law which bans the possession of marijuana. The Court ruled that Congress has the authority to ban marijuana under the commerce clause because making exceptions for homegrown use by patients could have a “substantial” impact on the “ national market .”

Schiavo cases (2005)

After a heart attack left Terri Schiavo in a vegetative state, her husband argued that she would not want to have prolonged life support without possibility of recovery and wanted to take her off life support. Her parents challenged this decision and took the issue to court. The Supreme Court said that this decision should be made at the state level.

Advantages and Disadvantages of Federalism

Disadvantages

• may interfere with national unity

• may contribute to inequality between and within states

• is naturally more complex and less efficient

Advantages

• provides a natural system of checks and balances between levels of government and protects individual rights against concentrated government power

• enables government to be closer to the people

• enables experimentation and innovation